South Carolina S 322: Free Speech

Bill Text

2025-2026 Bill 322 Text of Previous Version (Feb. 06, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 322

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT 
THE "FREE TO SPEAK ACT"; BY ADDING SECTION 59-1-505 SO AS TO PROHIBIT PUBLIC 
SCHOOL EMPLOYEES FROM KNOWINGLY AND INTENTIONALLY ADDRESSING AN UNEMANCIPATED 
MINOR WHO IS A STUDENT AT THE SCHOOL WHERE THE EMPLOYEE IS EMPLOYED BY A 
PRONOUN OR TITLE THAT IS INCONSISTENT WITH THE STUDENT'S SEX WITHOUT THE 
WRITTEN PERMISSION OF A STUDENT'S PARENT OR GUARDIAN, TO PROTECT PUBLIC SCHOOL 
EMPLOYEES FROM ADVERSE EMPLOYMENT ACTION FOR DECLINING TO ADDRESS A STUDENT 
USING A PRONOUN THAT IS INCONSISTENT WITH THE STUDENT'S SEX, FOR DECLINING TO 
IDENTIFY HIS PRONOUNS, AND FOR OTHER REASONS, AND TO REQUIRE THE GOVERNING BODY 
OF EACH SCHOOL DISTRICT TO ADOPT POLICIES CONSISTENT WITH THIS CODE SECTION; 
AND BY ADDING SECTION 59-101-680 SO AS TO PROHIBIT PUBLIC INSTITUTIONS OF 
HIGHER LEARNING EMPLOYEES FROM KNOWINGLY AND INTENTIONALLY ADDRESSING AN 
UNEMANCIPATED MINOR WHO IS A STUDENT AT THE SCHOOL WHERE THE EMPLOYEE IS 
EMPLOYED BY A PRONOUN OR TITLE THAT IS INCONSISTENT WITH THE STUDENT'S SEX, TO 
PROTECT EMPLOYEES OF INSTITUTIONS OF HIGHER LEARNING FROM ADVERSE EMPLOYMENT 
ACTION FOR DECLINING TO ADDRESS A STUDENT USING A PRONOUN THAT IS INCONSISTENT 
WITH THE STUDENT'S SEX, FOR DECLINING TO IDENTIFY HIS PRONOUNS, AND FOR OTHER 
REASONS, AND TO REQUIRE THE GOVERNING BODY OF EACH PUBLIC INSTITUTION OF HIGHER 
LEARNING TO ADOPT POLICIES CONSISTENT WITH THIS CODE SECTION.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "Free to Speak Act".

SECTION 2. Article 5, Chapter 1, Title 59 of the S.C. Code is 
amended by adding:

 Section 
59-1-505. (A) For the purposes of 
this section:

 (1) 
"Sex" means a person's immutable biological sex, either male or female.

 (2) 
"Female" means an individual who naturally has, had, will have, or, but for a 
congenital anomaly or intentional or unintentional disruption, a reproductive 
system that at some point in time produces, transports, and utilizes eggs for 
fertilization.

 (3) 
"Male" means an individual who naturally has, had, will have, or, but for a 
congenital anomaly or intentional or unintentional disruption, a reproductive 
system that at some point produces, transports, and utilizes sperm for 
fertilization.

 (B) 
Public school employees shall not:

 (1) 
knowingly and intentionally address an unemancipated minor who is a student at 
the school where the employee is employed by a pronoun or title that is 
inconsistent with the student's sex without the written permission of a 
student's parent or guardian;

 (2) be subject to adverse employment action 
for declining to:

 (a) 
identify his pronouns; or

 (b) 
address a student, other public-school employee, or volunteer by a pronoun or 
title that is inconsistent with person's sex.

 (C) 
Public school students shall not be subject to disciplinary action for 
declining to:

 (1) 
identify his pronouns; or

 (2) 
address a student, public-school employee, or volunteer by a pronoun or a title 
that is inconsistent with the person's sex.

 (D) A 
person who is harmed by a violation of this section may bring a civil cause of 
action against the school district seeking injunctive relief, monetary damages, 
reasonable attorney's fees and costs, and other appropriate relief. A cause of 
action brought pursuant to this subsection must be brought no later than 
twenty-four months after the alleged violation occurred.

SECTION 3. Article 2, Chapter 101, Title 59 of the S.C. Code is 
amended by adding:

 Section 
59-101-680. (A) For the purposes 
of this section:

 (1) 
"Sex" means a person's immutable biological sex, either male or female.

 (2) 
"Female" means an individual who naturally has, had, will have, or, but for a 
congenital anomaly or intentional or unintentional disruption, a reproductive 
system that at some point in time produces, transports, and utilizes eggs for 
fertilization.

 (3) 
"Male" means an individual who naturally has, had, will have, or, but for a 
congenital anomaly or intentional or unintentional disruption, a reproductive 
system that at some point produces, transports, and utilizes sperm for 
fertilization.

 (B) 
Employees of a public institution of higher learning, including, but not 
limited to faculty, adjunct faculty, staff, and administrative staff, shall not 
be subject to adverse employment action for declining to:

 (1) identify his pronouns; or

 (2) address a student, other employee of the 
public institution of higher learning, or volunteer by a pronoun or title that 
is inconsistent with the person's sex.

 (C) 
Students of a public institution of hi